legal resources necessary to hold negligent facilities accountable.
New Mexico Nursing Home Abuse Lawyer
It is heartbreaking to think that nursing home workers and administrators could abuse or neglect an older adult. Unfortunately, abuse is commonplace in many nursing facilities across the United States.
Your family has legal rights, and you can receive financial compensation when they have been violated. Your first call should be to a New Mexico nursing home abuse attorney.
Call a Nursing Home Abuse Lawyer for a Free Consultation
The New Mexico nursing home abuse and neglect attorneys at Nursing Home Law Center at (800) 926-7565 are here to help.
Contact us today through an initial free consultation to discuss a compensation case to recover your damages for the harm done to your loved one.
All of our nursing home abuse and neglect cases in New Mexico are handled on a contingency fee basis where there is never any cost to begin a case. We offer a free consultation with an experienced nursing home abuse lawyer.
Nursing Home Residents Often Don't Get the Proper Care
Some nursing home operators run a profit-making business rather than providing genuine care and medical attention to the elderly. Any senior not receiving proper care could quickly develop facility-acquired pressure sores or die from a lack of proper care.
According to the information gathered by Medicare and Medicaid, federal investigators found that twenty-seven (thirty-six percent) of the seventy-four nursing facilities in New Mexico had serious violations and deficiencies. These statewide nursing homes are now ranked below the national average because their residents receive substandard care.
Albuquerque Nursing Home Abuse
Research has shown that over two million American senior citizens are victimized through abuse and neglect every year. One estimate revealed that only twenty percent of cases are ever reported to proper authorities and adults protective service agencies.
Research released by the National Study of Elder Abuse revealed a significant increase in the number of cases over the last decade.
A survey conducted by the National Adult Protective Services Association shows that less funding for advocacy agencies have resulted in less time for their investigators to handle cases of elderly abuse, making the problem worse.
Yet, the federal government has failed to enact laws to prevent elder neglect or create a uniform reporting system to manage the existing problem.
Nursing Home Negligence Causes Death and Injuries
When a resident dies in a long term care facility, staff members contact the family to notify them of the death. Typically, the administration will ask the family to contact a local mortuary to remove the decedent's remains. The funeral home will complete the resident's death certificate.
In some states, the body must be removed from a convalescent care center or assisted living home immediately. Before the mortuary picks up the resident's remains, a certified nursing assistant will prepare the body and gather up the decedent's possessions before performing a deep cleaning in the room.
What Is the First Step in Preventing Elder Injury of Your Loved One?
According to the National Institutes of Health, staff, families, and friends could take specific steps to prevent elderly abuse by:
- Ensuring that established resident care procedures, policies, and protocols are followed
- Family, friends, social workers, and volunteers regularly visiting the senior citizen
- that quality monitoring and surveillance systems are installed in the
- facility to capture any neglect, mistreatment, or abuse
- Ensuring that all employees are regularly trained on elderly abuse and neglect issues and reporting protocols
Should you witness or become aware that anyone is the victim of elderly abuse, contact Adult Protective Services (APS) immediately. An APS officer will work concomitantly with social services to stop the abuse and investigate what occurred.
Where Does Elder Abuse Happen the Most?
Data released by the Centers for Medicare and Medicaid Services (CMS) revealed that senior citizens experience abuse or neglect where they live.
Vulnerable adults residing in institutional settings like long-term care facilities, nursing homes, and assisted-living centers are most likely to be harmed by the staff, families, friends, and other residents.
Statistics maintained by the National Council on Aging revealed that about ten percent of all seniors will be abused or mistreated at some point during their later years.
Nursing Home Abuse Lawyers Can Help
Was someone you love injured, abused, neglected, mistreated, or did they die unexpectedly by residing in an elder home?
If so, contact the New Mexico personal injury attorneys at Nursing Home Law Center to discuss your compensation claim during a free case review.
Dispensing Unnecessary Medications Harm Patients
Families must be aware of the statistics that show the widespread nature of deficiencies in nursing homes throughout the state. According to a study by the University of California-San Francisco, over forty-six percent of nursing homes were caught dispensing unnecessary drugs to patients in one year.
Also disheartening is that seventeen percent of nursing homes had residents who developed pressure sores in that year. Until caregiver administrators decide to improve their facilities' standards, patient abuse lawyers will hold all responsible parties legally accountable for their deficient care.
Victims subjected to these horrific conditions can speak with a nursing home lawyer to learn about their right to sue.
New Mexico Nursing Home Abuse Laws
The NM Adult Protective Services Act is the primary protection for elder care residents. This law maintains a system of protective services for vulnerable adults who cannot protect themselves due to abuse, neglect, and exploitation.
"Elder abuse" has been defined under the law as any instance where a person knowingly, intentionally, or negligently and without justifiable cause inflicts physical pain, personal injury, or mental anguish on an individual.
In some cases, nursing home abuse is defined as the intentional deprivation of necessary services that maintain the vulnerable adult's mental and physical care. Under this law, nursing home abuse also includes instances of sexual abuse.
Furthermore, a "caretaker" is defined as any facility or provider that has assumed the responsibility of caring for an adult.
Contacting Adult Protective Services
The Adult Protective Services Act has procedures for handling reports of abuse and neglect. The reporting agency must investigate the report and continue to monitor the caregiving facility to evaluate its ongoing qualifications for accepting state or federal grants.
A reporting department might then file a petition with the court, empowering the judge to take further measures in handling a nursing home abuse allegation.
The judge might enter an order providing an adult's involuntary protective placement if they are incapacitated, an emergency exists, or the adult cannot consent to an alternative placement.
Get Assistance for Your Legal Claim Today with Albuquerque, NM Lawyers
Speaking with our nursing home lawyers today could provide you with immediate assistance to handle your neglect case.
The Albuquerque abuse and neglect lawyers are experienced in handling reports and will initiate an investigation and file a compensation claim on your behalf.
Our nursing home attorneys are ready to assist your family member throughout the state in areas such as:
Call our eldercare injury attorneys today to receive the help you need for protecting someone you love.
Nursing Home Abuse Injury FAQs
Here are the answers to some frequently asked questions about lawsuits against nursing homes in New Mexico.
We appreciate that you may have additional questions and we welcome you to contact an affiliated nursing home abuse and neglect attorney for a free consultation.
How Can I Assert My Loved One's Legal Rights?
Many administrators attempt to diffuse the concerning nature of a nursing home neglect report. Family members of the resident should work as a legal advocate when filing a claim against the administration.
State law protects victims from nursing home administrators and guarantees the rights, including the right to:
- Be treated with adequate medical care
- Be treated with dignity and respect
- Be free from physical or chemical restraints
- Be free from neglect and abuse
Administrators often attempt to control the situation while never resolving the family’s issues. Instead, the resident's family should entrust their legal situation with an eldercare abuse attorney advocating for the victims' best interests.
How Can You Sue a Nursing Home for Wrongful Death?
If you believe that your loved one's death was caused by negligence or intentional act, you have the legal right to file a civil lawsuit seeking compensation for damages. Under state law, the facility, nursing staff, and the doctor could be held legally liable for preventable death if the family can prove that:
- An injury caused the death of someone they love
- The facility, company, group of individuals or one individual caused the injury that led to the patient's death
- The negligent parties committed a negligent, abusive, careless, or reckless act
Surviving spouses, parents, children, and siblings might expect to receive financial compensation to pay for mental anguish, loss of companionship, loss of financial support, medical expenses, hospitalization costs, the pain-and-suffering of the victim, and burial/funeral expenses.
How Much Is a Nursing Home Wrongful Death Settlement?
Resolving a civil lawsuit could be challenging. The lengthy process might take up to twenty-four months or longer to end with a negotiated settlement or jury trial award.
Some research shows that the average nursing center neglect lawsuit in America is resolved for about $400,000 or more.
However, determining your case's value is difficult without a comprehensive review of the evidence because the circumstances and facts of all nursing home abuse cases are unique.
How Do I Prove Nursing Home Negligence?
Like any other personal injury lawsuit, you will need to show that the New Mexico elder home acted unreasonably in the care of a resident. This will involve a review of the care records of loved ones to show nursing home neglect.
You would have medical experts testify to show that the victim did not receive the right care. In addition, the care facility would have needed to keep a file to document your loved one's care for validation purposes. This will also be reviewed.
Law Firm for Nursing Home Negligence
The nursing home negligence lawyers at the Nursing Home Law Center can make a difference for your family.
Call the New Mexico nursing home abuse attorneys at the Nursing Home Law Center at (800) 726-9565 to learn more about the legal relief available to you. Our practice areas include falls, medication errors, sexual abuse, broken bones and bed sores among other types of elder abuse.
New Mexico State Resources
- Aging and Long-Term Care Services Department
- Division of Health Improvement, Incident Management Bureau
- Long Term Care Ombudsman